Citation Nr: 22040705
Decision Date: 07/15/22	Archive Date: 07/15/22

DOCKET NO. 10-43 981A
DATE: July 15, 2022

REMANDED

A total disability rating based on individual unemployability (TDIU) prior to December 22, 2011.

REASONS FOR REMAND

The Veteran has been in receipt of a TDIU since December 2011. 

In April 2021, the Board remanded the appeal for additional development, to include employment information prior to December 2011 and a medical opinion as to the impact of the Veteran's service connected disabilities on her employment prior to December 2011.

Following the April 2021 remand, the Agency of Original Jurisdiction sent a letter to the Veteran requesting the additional information. In July 2021, she identified relevant outstanding private treatment records and indicated that she was submitting the form for VA to obtain those records; however, the form itself is not associated with the file and the record does not show that VA attempted to obtain the relevant records. A remand is required to allow VA to obtain authorization and request these outstanding private records.

The Veteran also submitted a personal statement in July 2021 but it appears incomplete as the page ends with an incomplete sentence. While this matter is on remand, the Veteran should be offered the opportunity to resubmit the document.

The matter is REMANDED for the following actions:

1. Provide the Veteran an opportunity to submit a complete copy of her July 2021 statement.

2. Ask the Veteran to complete VA Form 21-4142s for Lexington Rheumatology and Lexington Neurology, as described in her July 2021 statement. 

All efforts to obtain these records should be documented and any negative response should be recorded in the claims file. 

Two requests should be made for the authorized records from each identified source, unless it is clear, after the first request, that a second request would be futile. 

Notify the Veteran if the authorized records cannot be located.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Grzeczkowicz 

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.